Business Law: Business and the Constitution (Terms & Concepts)

Bill of Rights

First ten amendments of the US Constitution

Checks and Balances

The system by which each of the three branches of the US government (executive, legislative, judicial) exercises checks on the powers of the other branches

Commerce Clause: Provision in Article I, Section 8, of the US Constitution that gives Congress the power to regulate interstate commerce

Compelling Government Interest

A test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a specific trait

Due Process Clause

Provisions of the Fifth and Fourteenth Amendments to the Constitution that guarantee that no person shall be deprived of life, liberty, or property without due process of law. Similar clauses are found in most state constitutions

Equal Protection Clause

Provision of the 14th Amendment to the US Constitution that guarantees that no state will “deny to any person within its jurisdiction the equal protection of the laws.” This clause mandates that state governments treat similarly situated individuals in a similar manner

Establishment Clause

Provision of the First Amendment of the Constitution that prohibits Congress from creating any law “respecting an establishment of religion.”

Federal Form of Government

System of government in which the states form a union and the sovereign power is divided between a central government and the member states

Filtering Software

Computer program that screens incoming data according to rules built into the software and blocks access to websites with content not consistent with these rules

Free Exercise Clause

Provision of the First Amendment of the Constitution that prohibits Congress from making any law “prohibiting the free exercise” of religion

Full Faith and Credit Clause

Clause in Article IV, Section 1, of the Constitution that provides that “Full Faith and Credit shall be given in each State to the public Acts, Records, and Judicial Proceedings of every other State.” The clause ensures that rights established under deeds, wills, contracts and the like in one state will be honored by other states and that any judicial decision with respect to such property rights will be honored and enforced in all states

Meta Tags

Word inserted into a website’s key-words filed to increase site’s appearance in search engine results

Police Powers

Powers possessed by states as part of their inherent sovereignty. These powers may be exercised to protect or promote the public order, health, safety, morals, and general welfare

Preemption

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws

Privileges and Immunities Clause

Clause in Article IV, Section 2, of the Constitution that requires states not to discriminate against one another’s citizens. A resident of one state cannot be treated as an alien when in another state; they may not be denied such privileges and immunities as legal protection, access to courts, travel rights, and property rights

Probable Cause

Reasonable grounds for believing that a search should be conducted or that a person should be arrested

Search Warrant

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property

Sovereignty

Quality of having independent authority over a geographic area. For instance, state governments have the authority to regulate affairs within their borders

Supremacy Clause

Provision of Article IV of the Constitution that provides that the Constitution, laws and treaties of the United States are “the supreme Law of the Land.” Under this clause, state and local laws that directly conflict with federal law will be rendered invalid

Symbolic Speech

Nonverbal conduct that expresses opinions or thoughts about a subject. Symbolic speech is protected under the First Amendment’s guarantee of freedom of speech